H.B. No. 163 introduces a new chapter, Chapter 108A, to the Civil Practice and Remedies Code, which establishes the liability of judges and magistrates for the improper release of defendants on personal bond in cases involving certain violent felony offenses. Under this new provision, victims of such offenses, or their estates if the victim is deceased, can file a lawsuit against the judge or magistrate responsible for the release, provided that the release violated specific legal standards. The bill sets a cap on damages at $10 million and explicitly states that judges and magistrates cannot claim judicial immunity as a defense in these cases.
Additionally, the bill clarifies that the new liability provisions apply only to releases on personal bond occurring on or after the effective date of the Act, which is set to take effect 91 days after the conclusion of the legislative session. This legislation aims to hold judicial officials accountable for their decisions regarding personal bonds in serious criminal cases, thereby enhancing protections for victims of violent crimes.
Statutes affected: Introduced: ()